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....udge, Munshiganj on 27.8.82 in Title Suit No.71 of 1981.
2. The Suit before the learned trial Court was for specific performance of contract.
3. The case of the plaintiffs was that the disputed land belonged to defendant Nos.1 and 2 and they contracted to sell the disputed land to the plaintif......no order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 98....... by Subordinate Judge, Munshiganj on 27.8.82 in Title Suit No.71 of 1981.
2. The Suit before the learned trial Court was for specific performance of contract.
3. The case of the plaintiffs was that the disputed land belonged to defendant Nos.1 and 2 and they contracted to sell the disputed lan......azi and another…………..Petitioners
Vs.
Naresh Chandra Das and others…………….....Opposite Parties
Judgment
June 3, 1991.
Lawyers Involved:
AKM Shahidul Huq, Advocate‑For the Petitioners.
No one ‑For the Opposite Parties.
Civil Revision No.739 of 1985.
Judg..
Category: Procedural Law | Date: | Hits: 59
....f, Second Court, Dhaka, in Title suit No.45 of 1985 should not be set aside.
2. The petitioners as plaintiffs filed the above title suit for permanent injunction stating, inter alia, that the suit land originally belonged to one Abdul Gafur Khan who in turn transferred 10.50 decimals of land by t......e absolute without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 94.......ssed by Munsif, Second Court, Dhaka, in Title suit No.45 of 1985 should not be set aside.
2. The petitioners as plaintiffs filed the above title suit for permanent injunction stating, inter alia, that the suit land originally belonged to one Abdul Gafur Khan who in turn transferred 10.50 decimals................Opposite Parties
Judgment
May 16, 1991.
Case Referred to-
Mst. Bibi Saleha Vs. Antu Ram and another AIR 1918 Pat.543.
Lawyers Involved:
Bazlur Rahman Talukder, Advocate‑For the Petitioner.
Miah Abdul Gafur with Sharifuddin Chaklader, Advocates‑‑For the Opposite P..
Category: Property Law | Date: | Hits: 72
Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
....nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ......lso Reported in: 44 DLR (HCD) (1992) 83. ......to death by hanging referred to above. Both the reference and the appeal are taken up and heard together and disposed of by the same judgment. 3. Short facts leading to the lodging of the FIR is that on 20th March, 1987 one Abdus Sattar informed the police at Damurhuda Police Station that Shahid......q Vs. Crown, 6 DLR (FC) 56; Ali Sher Vs. State, 18 DLR (WP) 112; Muslimuddin and others Vs. State, 38 DLR (AD) 311; Zaheda Begum and another Vs. State, BLD 1985 (HCD) 9; Nazir Ahmed Vs. The King Emperor, AIR 1933 (PC) 253; Habibur Rahman alias Habib Vs. The State, BCR 1986(HCD) 278; Rustom Ali and o..Category: Criminal Law | Date: | Hits: 110
....or realise any property, pledged, mortgaged, hypothecated or assigned by the agriculturists to secure his liability to the Bank.
(2) All sums due to the Bank shall be recoverable as arrears of the land revenue.
(3) In the application of the Public Demands Recovery Act, 1913 (Bengal Act III of ...... MM Enterprise Limited 224, Bara Maghbazar Dhaka represented by its Director, Syed Tazammul Hussain a Rule Nisi under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh was issued upon the respondent General Certificate Officer, Collectorate Building, Comilla and Bangla......s in the Cold Storage and an amount of Tk. 42 lac was sanctioned. The petitioner purchased and stored potatoes. This loan was also given against pledge of potatoes.
3. The petitioner has alleged that in 1981‑82 a large number of newly established Cold Storages were also put into operation and ......ourt
High Court Division
(Special Original Jurisdiction)
Present:
AKM Sadeque J
Mainur Reza Chowdhury J
MM Enterprise Limited, 224, Bara Maghbazar, Dhaka, represented by its Director, Syed Tazammul Hussain……………Petitioner
Vs.
General Certificate Officer, Collectora..
Category: Civil Law | Date: | Hits: 99
Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
....le are as follows: Opposite party No.1 filed Misc. Case No.40 of 1990 in the court of Assistant Judge, Sadar, Sylhet under section 24 of the Non‑Agricultural Tenancy Act for pre‑emption of the land transferred by document dated 8.3.90 by opposite party No.2 to the present petitioners claiming......3) 382. ......ge, Sadar, Sylhet under section 24 of the Non‑Agricultural Tenancy Act for pre‑emption of the land transferred by document dated 8.3.90 by opposite party No.2 to the present petitioners claiming that he was a co‑sharer. It was further contended that the document sought to be pre‑empted was a......DLR 220; Abdur Rahman Vs. Baser Ali, 21 DLR 599; 24 DLR (AD) 220; Jatindra Chandra Urang Vs. Shamsuddin and others, 34 DLR 264; Abdul Wahed Vs. Mst. Jamrat, 19 DLR (SC) 136; 51 CWN; Aswani Kumar Vs. Hori Mohan, 36 DLR (AD) 1; Kazi Mobarak Ali Vs. Mohammad Yeasin Mazumder and others, 43 DLR (AD) 60. ..Category: Property Law | Date: | Hits: 89
....ms thereof the defendant-respondents decided to establish Ice Plant and cold storage on the supply of the necessary machineries on payment of fund in foreign currency and the defendant would purchase land and construct Factory building for establishment of the Ice Plant and Cold Storage and thereupo......ed by the Manager, Bangladesh Krishi Bank, Laban Chara (Rupsha West), Branch-1, Rupsha, Approach Road, Khulna is directed against the judgment and decree dated 25.5.2004 (decree signed on 01.6.2004) passed by the learned Judge, Artha Rin Adalat, Khulna in Artha Rin Suit No.103 of 2001.
2. The bri......nst the judgment and decree dated 25.5.2004 (decree signed on 01.6.2004) passed by the learned Judge, Artha Rin Adalat, Khulna in Artha Rin Suit No.103 of 2001.
2. The brief facts of the case are that the appellant as plaintiff- Bank instituted Artha Rin Suit No.103 of 2001 before the Artha Rin A......ion)
Present:
Sheikh Abdul Awal
M. Moazzam Husain
Bangladesh Krishi Bank……........................................................Appellant
Vs.
M/s. Dadajee Ice Plant and Cold storage Ltd. and others……….........Respondents
Judgment
May 10, 2010.
Lawyers Involved:..
Category: Civil Law | Date: | Hits: 217
....রতিকার পাইতে পারে তাহার আদেশ হয়।
in respect of the property described in the schedule to the plaint. The basis for claiming title in the suit land, being .28 acres of land under C.S. Plot No.45/117 under C.S. Khatian No. 473/1 corresponding t...... J.-I agree
This Case is also Reported in: 63 DLR (2011) 666.
......the opposite parties to show cause as to why the impugned Judgment and decree dated 03.09.2006 of the Additional District Judge, 1st Court, Khulna passed in Title Appeal No.177 of 2005 and affirming that dated 08.06.2005 of the learned Joint District Judge, 1st Court, Khulna in Title Suit No.49 of 2......se is also Reported in: 63 DLR (2011) 666.
..
Category: Property Law | Date: | Hits: 89
Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)
....tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ......ddin, General Secretary, Nabarun Sangsad, Kalta Bazar, Dhaka prays for issuance of Rule Nisi upon the respondents to show cause why the following impugned decision and order dated nil (Annexure‑E) passed by Syed Alamigir Faruk Chowdhury, Arbitration Tribunal (copy of which was received by the peti...... Part‑III of the Constitution of Bangladesh as contemplated under Article 102 (1) of the Constitution. 3. This is an application under Article 102(2) (a) (ii) of the Constitution which provides that the High Court Division may, if satisfied that no other equally efficacious remedy is provided b......ginal Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Shahabuddin (Md)......................Petitioner Vs. Secretary, Ministry of Youth and Sports and others.....................Respondents Judgment May 2, 1991. Lawyers Involved: ..Category: Constitutional Law | Date: | Hits: 165
Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)
....arned Munsif, 1st Court, Pabna in OC Suit No.135 of 1973. 2. Plaintiff appellant instituted OC Suit No.135 of 1973 in the 1st Court of Munsif, Pabna seeking simple declaration of title to the suit land measuring 81 acres as described in the schedule of the plaint. The suit land originally owned a......ppellant Khandakar Saiful Huq, Advocate ‑ For the Respondents. Second Appeal No.26 of 1977. Judgment Syed Fazle Ahmed J.- This second appeal is directed against the judgment and decree passed by Additional District Judge, Pabna in Other Class Appeal No.35 of 1975 dismissing the appeal ......t of Munsif, Pabna seeking simple declaration of title to the suit land measuring 81 acres as described in the schedule of the plaint. The suit land originally owned and possessed by Prokash Chandra Bhattacharja who while in possession settled the suit land with Manada Sundari in tenancy right and M...... Abdul Gani Khan ........................Appellant Vs. Shamser Ali and others .............. Respondent Judgment December 15, 1991 Lawyers Involved: Abdul Majid, Advocate ‑ For the Appellant Khandakar Saiful Huq, Advocate ‑ For the Respondents. Second Appeal No.26 o..Category: Procedural Law | Date: | Hits: 105
Altaf Hossain Vs. Abbas Ali and another, 1991, 20 CLC (HCD)
....petitioner instituted Other Suit No.650 of 1978 on 13.6.1978 in the Court of Munsif, Sadar Mymensingh, against the opposite party No.1 and another for declaration of title in respect of 0.15 acres of land appertaining to plot No.2263 of CS Khatian No.171/199 and ROR Khatian No.1 of mouza Fulbaria on......: 45 DLR (HCD) (1993) 374. ......f 1978 on 13.6.1978 in the Court of Munsif, Sadar Mymensingh, against the opposite party No.1 and another for declaration of title in respect of 0.15 acres of land appertaining to plot No.2263 of CS Khatian No.171/199 and ROR Khatian No.1 of mouza Fulbaria on the allegations, inter alia, that the pe......€¦â€¦â€¦â€¦â€¦â€¦â€¦Opposite Parties Judgment February 13, 1991. Cases Referred to- Makhan Lal Chawdhury Vs. Chandi Nath Majuinder and others, 1931 Cal 779; SPA Annamalay Cheity Vs. BA Thornhili, 1931 (PC) 263; Babu Lal Girdhrlial Vs. Seth Kotumal, 1941 ALL 27; Sakhawat Hossain Vs. Chow..Category: Property Law | Date: | Hits: 68
Aslam Hossain Chaklader Vs. Ali Nur and others, 1991, 20 CLC (HCD)
....te Judge is hereby set aside and the petition for temporary injunction is rejected. The connected Rule is disposed of accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 366. ......or the Respondents. Appeal from Original Order No.539 of 1991 with Civil Revision No. 105 (FM) of 1991. Judgment Abdul Bari Sarker J.- This appeal is directed against the order dated 4.5.91 passed by Mr. Khondoker Rezaur Rahman, Subordinate Judge, Narayanganj in Title Suit No.36 of 1991 all......yanganj in Title Suit No.36 of 1991 allowing the application for temporary injunction under Order 39 rule 1 and section 151 of the Code of Civil Procedure. 2. The facts of the case, in short, are that the appellant Aslam Hossain Chaklader was granted lease for collection of tolls of Fatullah Hat ......que J Aslam Hossain Chaklader…………..Appellant Vs. Ali Nur and others…............Respondents Judgment August 26, 1991. Lawyers Involved: Syed Ziaul Karim, Advocate ‑ For the Appellant. M Nurullah with AQM Shafiullah, Advocates - For the Respondents. Appeal from..Category: Civil Law | Date: | Hits: 74
Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)
....cree of the trial Court. 3. Plaintiff respondent Abdul Hamid and others filed a Partition Suit being T.S. No.31 of 1960 in the 4th Court of Subordinate Judge, Dhaka for partition in respect of the land appertaining to CS Khatian No.11 of Mouja Pakiabad PS Kapasia District Dhaka. In addition to th......ellants. Mian Abdul Gofur, Advocate‑For the Respondent No.1. Second Appeal No. 624 of 1968. Judgment Syed Fazle Ahmed J.- This Second Appeal is directed against the judgment and decree passed by Additional District Judge, 3rd Court, Dhaka in Title Appeal No.325 of 1963 affirming those ...... 3. Plaintiff respondent Abdul Hamid and others filed a Partition Suit being T.S. No.31 of 1960 in the 4th Court of Subordinate Judge, Dhaka for partition in respect of the land appertaining to CS Khatian No.11 of Mouja Pakiabad PS Kapasia District Dhaka. In addition to the usual share inherited b......and others…………………..Appellant Vs. Abdul Hamid and others……………………Respondent Judgment December 12, 1991. Lawyers Involved: Abdus Salam Khan, Advocate ‑ For the Appellants. Mian Abdul Gofur, Advocate‑For the Respondent No.1. Second Appeal No. 624..Category: Property Law | Date: | Hits: 69
Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)
....rsing the judgment and decree passed by Munsif, Goalundo, in TS No. 84 of 1968. 2. Plaintiff‑appellant filed this suit for a declaration of title and confirmation of possession in respect of the land described in the schedule of the plaint. The case as set up in the plaint can briefly be stated...... Present: Syed Fazle Ahmed J Anwar Hossain and others.................. Appellants Vs. Abul Hossain Molla and others …………………..Respondents Judgment May 7, 1991. Case Referred to- Habibur Rahman Vs. Abdul Wadud and others, 21 DLR 382. Lawyers Involved: A......2 daughters plaintiff Nos. 2 and 4. Thereafter, Azibar Ali died leaving mother (since dead), full brother defendant No.7 and two sisters defendant Nos.8 and 9. It isthe further case of the plaintiff that the sale deed executed and registered by Roushan Ali in favour of his step‑brothers Azibar Ali......€¦â€¦â€¦â€¦â€¦â€¦â€¦..Respondents Judgment May 7, 1991. Case Referred to- Habibur Rahman Vs. Abdul Wadud and others, 21 DLR 382. Lawyers Involved: Abdul Hamid Chowdhury, Advocate‑For the Appellants. Habib Ahmed, Advocate‑For the Respondent Nos. 4 and 5. Second Appeal No. ..Category: Property Law | Date: | Hits: 91
Dr. Joynal Abedin Vs. State, 1991, 20 CLC (HCD)
....complainant, who is opposite party No.2 here, is that accused persons (numbering item total six) out of previous enmity started quarrel with P.W.1 Eshaque on 20.4 .85 at 7‑00 AM over irrigating the land of accused Joynal and at one stage of the quarrel accused persons formed an unlawful assembly a......in the filing of CR Case No.45 of 1985. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 77.......85 was started on such complaint. Process under sections 147, 323 and 447 of the Penal Code was issued by the Magistrate. 3. The allegation of the complainant, who is opposite party No.2 here, is that accused persons (numbering item total six) out of previous enmity started quarrel with P.W.1 Esh......he State ……………….…..Opposite Party Judgment May 22, 1991. Case Referred to- Rajah Ali and others Vs. State, 37 DLR 174. Lawyers Involved: Md. Ruhul Amin, Advocate ‑ For the Petitioner. Not represented ‑ the Opposite Parties. Criminal Revision No.565 of 1991..Category: Criminal Law | Date: | Hits: 79
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
....€‘opposite party Nos.2‑9 filed a petition under Order 1 rule 10 of the Code of Civil Procedure to be impleaded as plaintiffs in the said suit. The prayer was allowed. The plaintiffs assert that the land in question originally belonged to Baraura Tea Company Ltd. within Rashidpur Tea Estate. The pl......nal Jurisdiction) Present: Qazi Shafiuddin J Bangladesh .... ........................Petitioner Vs. Md. Aslam and others ............ Opposite Parties Judgment July 27, 1989. Cases Referred to- Ajirannessa Vs. Saper Mia, 30 DLR (SC) 41; Abdul Majid Vs. Nabiruddi, 22 DLR 36......by the learned Subordinate Judge, 2nd Additional Court, Sylhet, in Title Suit No.3 of 1976 should not be set aside. 2. Short relevant facts leading to the filing of this revisional application is that, the opposite party No.1, as sole plaintiff, filed Title Suit No.29 of 1971, in the 1st Court of......) 41; Abdul Majid Vs. Nabiruddi, 22 DLR 360; Abdur Rashid Vs. Abdus Samad, 33 DLR 260; Kazi A. Khaleque Vs. Kazi Fadur Rahman and others. Lawyers Involved: Syed J R Modassir Hossain, Deputy Attorney General with Fazlul Hoque Assistant Attorney General ‑ For the Petitioner. JN Dev with Na..Category: Property Law | Date: | Hits: 96
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....4.90 the respondent No.1 had written two letters to the Managing Director, Pubali Bank, one dated 4.4.90 and another dated 11.4.90 for releasing the properties and handing over the title deeds of the land and house properties remaining with the Pubali Bank. The petitioners also filed a reply to the ......diction) Present: Mozammel Hoque J Mohiuddin Ahmed and others…….………Petitioners. Vs. Lutfur Rahman and another……………Respondents. Judgment May 31, 1990. Cases Referred to- Sirish Chandra Das Vs. Sri Sri Chhatteswari Debi Bigraha, 38 DLR (AD) 283; AR S......Ahmed and others…….………Petitioners. Vs. Lutfur Rahman and another……………Respondents. Judgment May 31, 1990. Cases Referred to- Sirish Chandra Das Vs. Sri Sri Chhatteswari Debi Bigraha, 38 DLR (AD) 283; AR Shaw Vs. The Diamond Rock Boring Company Ltd., 1877 QB ......nd another……………Respondents. Judgment May 31, 1990. Cases Referred to- Sirish Chandra Das Vs. Sri Sri Chhatteswari Debi Bigraha, 38 DLR (AD) 283; AR Shaw Vs. The Diamond Rock Boring Company Ltd., 1877 QB Division (Vol. 11) 463; United Planters and Traders Ltd. Vs. Md. Mosharr..Category: Company Law | Date: | Hits: 159
Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
....een two ships as they apply where the question arises in a common law action. (iv) But if the negligence of both parties to the litigation continues right up to the moment of collision, whether on land or on sea, each party is to blame for the collision which is the result of the continued neglig......e J Sadharan Bima Corporation...................Plaintiff. Vs. Philoship Co. S A Owner of the Greek Ship M V Hios and others…………..…….Defendants. Judgment July 22, 1990. Cases Referred To- Dowell Vs. General Steam Navigation Co.; British Columbia Electric RY Co. Ltd V......intiff. M Hafizullah, Advocate ‑ For the Defendants. Admiralty Suit No. 8 of 1982 Judgment Md. Mozammel Hoque J.- The plaintiff has instituted this suit on the allegations, inter alia, that the plaintiff is a statutory corporation carrying on business in general insurance of all kinds ......r as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 177
Farid Ahmed and others Vs. State and another, 1990, 19 CLC (HCD)
.... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ......n J Farid Ahmed and others…………………………………..Petitioners Vs. State and another……………………………….opposite parties Judgment August 5, 1990. Cases referred to- Emperor Vs. Maunga Ba Thon, 32 CrLJ, 950; Abdus Salam Master Vs. The State,36 D......nal Sessions Judge by the impugned order allowed the motion and directed for further inquiry. 3. Mr. Nurul Islam Chowdhury, the learned Advocate appearing for the accused‑petitioners, submitted that the impugned order is illegal in as much as the learned Additional Sessions Judge exceeded his j......hers…………………………………..Petitioners Vs. State and another……………………………….opposite parties Judgment August 5, 1990. Cases referred to- Emperor Vs. Maunga Ba Thon, 32 CrLJ, 950; Abdus Salam Master Vs. The State,36 DLR (AD) 58. Lawyers Inv..Category: Criminal Law | Date: | Hits: 78
Nurul Islam & others Vs. Noor Mohammad, 1991, 20 CLC (HCD)
....ted for declaration of title in respect of the property which was also the subject matter in issue in the later suit which was instituted for declaration of title and for partition of the self‑same land. The opposite Party instituted the Title Suit No.89 of 1981 and the petitioners instituted the ...... Present: AM Mahmudur Rahman J Nurul Islam & others ..................... petitioner Vs. Noor Mohammad……………………Opposite Party Judgment February 6, 1991. Case Referred to- M/s Ayat Ali Bhuiyan and Company Ltd. Vs. Janata Bank, 40 DLR 56. Lawyers Inv......for declaration of title and for partition of the self‑same land. The opposite Party instituted the Title Suit No.89 of 1981 and the petitioners instituted the Title Suit No.342 1982. It is stated that said suits were instituted in the 2nd Court of Subordinate Judge, Dhaka. It is further stated th...... (HCD) (1992) 29...Category: Procedural Law | Date: | Hits: 51
Hazerannessa Vs. Nasiruddin Mahmood and others, 1991, 20 CLC (HCD)
....t on 6.11.1980 in Title Suit No.371 of 1977. 2. The petitioner instituted the aforesaid Title Suit for permanent injunction against the opposite party No.1 and 7 others in respect of 0.50 acres of land appertaining to CS Plot No.389 of CS khatian No.136 of Mouza Lokuriapara restraining the defend......DLR (HCD) (1992) 28........ 2. The petitioner instituted the aforesaid Title Suit for permanent injunction against the opposite party No.1 and 7 others in respect of 0.50 acres of land appertaining to CS Plot No.389 of CS khatian No.136 of Mouza Lokuriapara restraining the defendants from entering upon the land in suit on......nessa .....................Plaintiff‑Petitioner Vs. Nasiruddin Mahmood and others……….Opposite Parties Judgment January 29, 1991. Lawyers Involved: Md. Awlad Ali, Advocate‑For the Petitioner. Not represented ‑ the Opposite Party. Civil Revision No.341 of 1984 Ju..Category: Procedural Law | Date: | Hits: 79
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